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Yowasi Nsubuga Kazooba and Another v Commissioner Land Registration and Another (Miscellaneous Application 40 of 2021)

High Court · [2026] UGHCCD 93 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an order of mandamus to compel Government payment of taxed costs arising from earlier High Court judgment
Decision
Order of mandamus issued compelling Government to pay admitted debt of UGX 23,497,760 to applicants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an order of mandamus compelling the Government to pay UGX 23,497,760 in taxed costs to the applicants. The court held that where Government admits a debt through affidavit evidence and provides no satisfactory explanation for non-payment, an order of mandamus will issue under section 40(1)(a) of the Judicature Act. There is no legal requirement that an applicant prove budgetary allocation for the debt in a given financial year before mandamus can be granted. The claim for general damages was dismissed as unsupported by the certificate of order.

Outcome

Order of mandamus issued compelling Government to pay admitted debt of UGX 23,497,760 to applicants

Facts

On 13 January 2011, the High Court Land Division delivered judgment in favour of the applicants in Misc. Cause No. 14 of 2009. On 17 April 2018, the High Court in TA No. 146 of 2017 issued a certificate of order against the Government requiring payment of UGX 23,497,760 in taxed costs to the applicants through their lawyers. The Government failed to pay the sum despite acknowledging the debt in an affidavit sworn by the Principal State Attorney on 26 May 2022. The Government argued that mandamus should not issue without proof that the debt forms part of authorised Government expenditure for the relevant financial year. At the hearing on 26 February 2026, the respondents and their counsel were absent despite effective service, and the court proceeded exparte.

Issues

  1. Whether the applicants are entitled to an order of mandamus against Government for payment of UGX 23,497,760.

Orders

  • Application allowed.
  • An order of mandamus is issued pursuant to Section 40(1)(a) of the Judicature Act compelling the respondents to pay UGX 23,497,760 to the applicants.
  • No order as to costs.

Rules and key headnotes

Mandamus — Requirements for Issuance — Government Debt
An order of mandamus will issue to compel Government payment of an admitted debt where the Government provides no satisfactory explanation for non-payment, and there is no legal requirement that the applicant prove budgetary allocation for the debt in a given financial year.
Judgment on Admissions — Requirements
Before entering judgment on admission, the court must be satisfied that the admission by a party is clear, plain, obvious and unambiguous, leaving no room for doubt. If a case involves complicated questions, the court should decline to exercise its discretion to enter judgment on admission.
Mandamus — Statutory Basis — Judicature Act
Under section 40(1)(a) of the Judicature Act, the High Court may upon application for judicial review grant an order of mandamus requiring any act to be done, defined as a court order issued to compel performance by public officers of statutory duties imposed on them.

Legislation cited (2)

Cases cited (2)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Yowasi Nsubuga Kazooba and Another v Commissioner Land Registration and Another (Miscellaneous Application 40 of 2021) [2026] UGHCCD 93 (30 March 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.